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Maryland Executor Duties
Pillar GuideMaryland11 min read

Maryland Executor Duties

Maryland executor duties in order: qualify before the Register of Wills, file the inventory within 3 months, clear claims, account to the Orphans' Court.

By Settled Editorial

Maryland executor duties begin once the Register of Wills appoints you and issues your letters of administration. That appointment, not the will naming you, gives you authority. You then serve as a fiduciary supervised by the Orphans' Court: file the inventory within three months, clear creditor claims, account for the money, and distribute what remains. This guide walks the duties in deadline order.

Maryland probate runs through two offices in each of the 24 jurisdictions. The elected Register of Wills opens the estate, files the will, appoints you, keeps the records, and collects the fees. The three-judge Orphans' Court is Maryland's probate court, and it supervises administration and hears disputes. In Montgomery, Harford, and Howard counties there is no separately elected Orphans' Court, so the Circuit Court judges sit as the Orphans' Court instead. Maryland calls you the personal representative whether you serve under a will or without one. This is general information, not legal advice. Confirm each step with your county Register of Wills.

Use this guide with the Maryland probate guide, the Maryland creditor claims guide, the Maryland debt payment priority guide, the Maryland probate accounting guide, the Maryland executor bond requirements guide, and the Maryland probate timeline. To find your local Register of Wills and Orphans' Court, see the Maryland Register of Wills and Orphans' Court directory.

Get Appointed by the Register of Wills First

Authority comes from the appointment, not from the will naming you. Before you are appointed, a named executor can find the original will, secure the home, and gather records. You cannot collect accounts, sign estate documents, or transfer title until the Register of Wills appoints you and issues your letters of administration. Those letters are your proof of authority. Banks, the Motor Vehicle Administration, and title companies ask to see them before they release anything.

To open the estate you go to the Register of Wills in the county or Baltimore City where the person lived, bring the original will and a certified death certificate, and file a petition for administration. You take a fiduciary oath. You may need to post a bond unless the will waives it or all interested persons consent. See the Maryland executor bond requirements guide for when a bond is required and how the amount is set. Maryland offers three tracks: a regular estate for most cases, a shorter modified administration when the takers are a narrow family class who all consent and the estate is solvent, and a small estate when the property subject to administration is $50,000 or less ($100,000 or less when the surviving spouse is the sole legatee or heir). Ask the Register of Wills which track fits before you file.

What a Maryland Personal Representative Does

Once you hold your letters, you are a fiduciary. You protect estate property, keep estate money separate from your own, follow the will or the intestacy rules, work with the Register of Wills and the Orphans' Court, and distribute only when the estate is ready.

The main duties run in this order:

  1. File the inventory (and the information report) within 3 months of appointment
  2. Publish notice of appointment and manage creditor claims through the claim bar
  3. Pay valid claims in the statutory order of payment
  4. File the first administration account within 9 months, then every 6 months
  5. Distribute what remains after claims clear, and report it in your account

Not every estate needs a regular administration. Some assets pass outside probate by beneficiary designation, joint tenancy with survivorship, tenancy by the entirety, or a payable-on-death term. A small estate may fit the shorter small-estate track instead of the full one. Confirm which track applies before you run the whole sequence.

Duty 1: File the Inventory Within 3 Months

The inventory is your first big filing. You prepare and file it with the Register of Wills within three months after your appointment. It lists the property the decedent owned at death, with fair market value as of the date of death and any encumbrance on each item. Real property, tangible personal property, corporate stock, bank accounts, and debts owed to the decedent all belong on it. This is Est. and Trusts Section 7-201.

Maryland pairs the inventory with an information report, also due within three months. The information report lists property that was not held solely in the decedent's name or that passed to a named beneficiary, such as joint accounts and payable-on-death designations. That report feeds Maryland's inheritance tax review at the Register of Wills. Build your asset worksheet before either filing is due: capture the owner name, the account or title number, the date-of-death value, any lien, the beneficiary or joint-owner note, and the source document for each item.

Duty 2: Publish Notice and Watch the Creditor Claim Bar

Maryland gives creditors a short window, and you control part of it. You publish a notice of appointment once a week for three successive weeks in a newspaper in the county where the estate is open. A creditor's claim is barred unless presented within the earlier of two dates: six months after the date of death, or two months after you mail or deliver written notice to that creditor. This is Est. and Trusts Section 8-103.

Here is why the mailed notice matters. When you send written notice to a known creditor, you start that creditor's two-month clock, which can run out well before the six-month mark. Do not distribute before the claim window closes. If you hand assets to beneficiaries and a valid claim arrives later, you can be personally liable for it. See the Maryland creditor claims guide for the notice steps and the claim form.

Duty 3: Pay Debts in the Statutory Order

When an estate cannot pay everyone, you cannot pay claims in the order they arrive. Maryland sets the order of payment by statute under Est. and Trusts Section 8-105. Fees due the Register, administration expenses, funeral expenses, your allowed compensation and legal fees, and the family allowance all come before general creditor claims, with taxes and last-illness medical expenses in their own classes ahead of ordinary debts.

The family allowance is one you handle early. Under Est. and Trusts Section 3-201, the surviving spouse or registered domestic partner may receive $10,000 for personal use, plus $5,000 for each unmarried child of the decedent under age 18. That allowance is paid ahead of general creditor claims. For the full class order and how an insolvent estate pays each class pro rata, see the Maryland debt payment priority guide.

Duty 4: File the Administration Account Within 9 Months

Accounting is how you show the Register of Wills and the Orphans' Court what you received, what you paid, and what remains. In a regular estate you file your first administration account within nine months of your appointment, then a further account within six months after each account until you file the final one. This is Est. and Trusts Section 7-305. The Register of Wills reviews each account and the Orphans' Court approves it.

Modified administration works differently. Instead of recurring accounts, you file a single final report, generally within ten months, when the estate is solvent and the takers are a narrow family class who all consent. Each account or report needs proof for the payments you report, so keep vouchers, receipts, and statements as you go. For a line-by-line walkthrough of what goes in the account and how the Orphans' Court reviews it, see the Maryland probate accounting guide.

Duty 5: Distribute Only After Claims Clear

Distribution comes last, and only after the estate can support it. Before you hand anything to a beneficiary, walk this checklist:

  1. Has your notice of appointment run and the claim window closed?
  2. Is the inventory filed and the information report submitted?
  3. Are timely creditor claims paid or resolved in the statutory order?
  4. Is the family allowance set aside if a spouse or minor child qualifies?
  5. Have you addressed the inheritance tax and any estate tax filing?
  6. Are final income tax returns filed or accounted for?
  7. Does your administration account support every receipt, payment, and proposed distribution?

Distributing before the claim window closes and before the Orphans' Court approves the account covering the distribution can leave you personally liable for a later valid claim. A name in the will is not a green light to distribute on day one. When the estate is ready, you distribute under the probated will or, with no will, under the Maryland intestacy rules, and you report the distribution in your account.

How a Maryland Personal Representative Gets Paid

Maryland sets a statutory ceiling on your commission. Under Est. and Trusts Section 7-601, the commission may run up to 9% of the first $20,000 of the estate value, plus 3.6% of the amount above $20,000. On a $20,000 estate that ceiling is $1,800, and above that you add 3.6% of the excess. The court reviews the request and can allow less under a reasonable-compensation standard, and an interested person may take exceptions to the amount.

Two points to plan around. Your commission is taxable income to you, while an inheritance you take as a beneficiary may not be, so many family members serving as personal representative weigh whether to take the commission or waive it. Either way, the Orphans' Court signs off before the commission is paid. Do not pay yourself outside the account. To estimate the ceiling before you decide whether to take or waive it, use the Maryland executor compensation calculator.

Common Questions

Do I go to a probate court in Maryland?

You open the estate with the Register of Wills in the county or Baltimore City where the person lived. The Orphans' Court, a three-judge probate court, supervises the administration and hears disputes. In Montgomery, Harford, and Howard counties, the Circuit Court judges sit as the Orphans' Court.

What is the first deadline after I am appointed?

File the inventory within three months of your appointment under Est. and Trusts Section 7-201, along with a separate information report on non-probate and trust property for the Register of Wills inheritance-tax review, and publish your notice of appointment so the creditor claim period starts running.

How long do creditors have to file claims?

A claim is barred unless presented within the earlier of six months after the date of death or two months after you mail written notice to that creditor, under Est. and Trusts Section 8-103. Mailing notice to a known creditor shortens that creditor's window to two months.

How much does a Maryland executor get paid?

The commission may run up to 9% of the first $20,000 of the estate value, plus 3.6% of the amount above $20,000, under Est. and Trusts Section 7-601. The Orphans' Court approves the amount, and you can waive it.

Can I distribute as soon as I am appointed?

No. Wait until the claim window closes, valid claims are paid in the statutory order, the family allowance is set aside, tax matters are handled, and the Orphans' Court has approved the account. Distributing too early can make you personally liable for a later valid claim.

This guide is general information about Maryland estates. It is not legal advice. Confirm anything that affects your situation with the Register of Wills, the Orphans' Court, or a licensed Maryland attorney.

Sources:

It is not legal advice.

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Settled Estate is not a law firm and does not give legal advice.

Information current as of July 21, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Maryland can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

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